Way Too Many Legs
What to Know: Overbroad federal protections for a tiny Texas spider are unconstitutional, groups including TPPF are arguing before the Fifth Circuit Court of Appeals.
The TPPF Take: The U.S. Fish and Wildlife Service has used the Commerce Clause of the U.S. Constitution to justify its regulations; but thereâs nothing commercial about the spider in question.
âThe Bone Cave Harvestman lives solely in isolated caves in central Texas,â says TPPFâs Chance Weldon. âIt is not bought or traded in interstate commerce and has no substantial effect on interstate commerce. Likewise, the spiders are not a fungible good, the regulation of which is necessary to regulate an interstate market. Accordingly, neither the Commerce Clause nor the Necessary and Proper Clause grants Congress the authority to regulate them.â